Essay - Justice System Juvi Death Penalty in Roper v. Simmons the...

Justice System Juvi Death Penalty

***** Roper v. Simmons the Supreme Court of ***** US struck down the juvenile death penalty, making it unconstitutional for any American body including state and federal justice systems to utilize ***** death penalty in ***** penalty phase of a trial that's defendant was younger than 18 at the time ***** the commitment of the crime that warrants the death penalty. The court ***** ***** majority opinion, written by Justice Kennedy stated that the decision was heavily weighted ***** international legal *****.

The opinion of the world community, while not controlling our outcome, does provide respected and significant confirmation for our own conclusions."--Justice Kennedy, writing for the majority in Roper v. Simmons (1)"[T]his Nation's e*****olv*****g underst*****ing of human dignity certainly is nei*****r wholly *****olated from, nor inherently at odds with, the values prevailing in other countries. On the contrary, we should not be surprised to find congruence between domestic and international values, especially where the ***** community has reached clear agreement--expressed in international law or in the domestic laws ***** individual countries--***** a particular f*****m of punishment is inconsistent with fundamental human rights..."--Justice O'Connor, discussing the relevance of foreign sources of law in her dissent*****g opinion in Roper v. Simmons (2)

Calabresi, and Zimdahl 743)

Though there is clear dissent ***** ***** outside the ***** with regard to the idea that the legal system ***** the US should be highly swayed with ***** to international ***** and opinions there is a cle*****r historical sense ***** such information does sway the courts on every level and some would say as society progresses ***** will ***** changing views on many issues, with regard to ethics. In fact in a report ofn the juvenile death *****, there is a statement about the *****sue as one that is an American issue, as many nations have removed ***** practice as a result of UN resolutions pertaining to the rights of children. "The death penalty for ***** *****fenders has become a uniquely Americ*****n practice, in ***** it ***** been ab*****oned legally by nations *****where else due to the express provisions of the Un*****ed Nations Convention on the Rights ***** the Child and of several ***** *****ternational treaties and agreements." (Streib, online) Just prior ***** the ruling in Roper v. Simmons *****005 Streib's mainly statistical article points out ***** best legal arguments for the eradication ***** ju*****enile death sentences.

***** most promising legal ***** in courts today are:

that the ***** penalty for juvenile offenders and mentally retarded offenders should be treated ***** same under the Eighth Amendment;

that the death penalty for juvenile offenders violates the state's constitutional protections; and that the death penalty for ***** offenders ***** international law. (Streib *****)

Regardless of the source of the ethical view there is rising tides ***** ***** the evolving attitude that ***** ***** penalty, in any case is not a deterrent *****nd is ethically wrong, regardless ***** the crime or ***** circumstances of it. The ethical implications of this ruling clearly create